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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단126

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On March 22, 1995, the Defendant is the owner of a truck A, and around 20:10 on March 22, 1995, the Defendant violated the restriction on operation by loading freight of 11.3 tons of gross weight at the 3 livestock 11.7 tons of gross weight at the 3 livestock 11.7 tons of gross weight at the 11.7 tons of gross weight at the 3 livestock 11.7 tons, and operating the said vehicle.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), shall institute a public action, and the sentence of 200,000 won by a summary order No. 95 high-ranking902 of Jun. 28, 1995 became final and conclusive, but Article 86 of the above Act provides that "if an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, retroactively becomes void by the Constitutional Court Order No. 2010, Oct. 28, 2010.

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.